HomeMy WebLinkAboutORD NO 3520ORDINANCE NO. 3 ~_2 0
AN ORDINANCE AMENDING SECTION 17.08.150 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
SPECIAL DWELLING SETBACKS.
WHEREAS, in accordance with the procedure set forth in the provisions of
Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held
a public hearing regarding an amendment to Section 17.08.150 modifying dwelling
setbacks from property zoned agricultural or residential suburban, and adding special
dwelling setbacks from freeway and railroad right-of-ways; and
WHEREAS, by Resolution No. 10-93 on March 4, 1993, the Planning
Commission recommended approval and adoption of said ordinance amendment and this
Council has fully considered the findings made by the Planning Commission as set forth
in that Resolution; and
WHEREAS, the law and regulations relating to CEQA and City of
Bakersfield's CEQA Implementation Procedures have been duly followed by city staff,
the Planning Commission and this Council; and
WHEREAS, the City Council has determined after due consideration of
the recommendation of the Planning Commission herein on file that the proposed
ordinance amendment should be authorized.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
1. All of the foregoing recitals are hereby found to be true and correct.
2. The findings contained in Planning Commission Resolution No. 10-93
are hereby adopted as the Council's own.
SECTION 2.
Section 17.08.150 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.08.150
Special dwelling setbacks.
A. No dwelling or any part thereof shall be placed or constructed within
fifty (50) feet of any lot line which adjoins property zoned agricultural or residential
suburban, unless the property upon which the dwelling is placed or constructed is itself
within one of the said zones.
ORIG;~AL
B. No dwelling or any part thereof shall be placed or constructed within
thirty (30) feet of any freeway or railroad rights-of-way.
C. The provisions in subsections A and B of this section shall not apply to
accessory buildings; setbacks of said accessory buildings shall be subject to Section
17.08.130.
SECTION 3.
This ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective not less than thirty (30) days from and after
the date of its passage.
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ORIG;NA.
I HEREBY CERTIFY that the foregoing Ordinance was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on
APR 2 ~ 1,q93 , by the following vote:
AYES: COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, I~AUNNI, FANE, MoDERMOTT 8ALVAGGIO
NOES: COUNCILMEMBERS KJg)nLo .
ABSENT COUNCILMEMBERS: M~ ~
ABSTAIN COUNCILMEMBERS' ~ Ov~ ,~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED APR 2 8 1993
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
W~-~NCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
JE:pjt
April 26, 1993
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ORIGi;~.~A L
EXHIBIT "A"
Section 17.08.150 of the Bakersfield Municipal Code is hereby amended to
read as follows:
17.08.150
Special dwelling setbacks.
A. No dwelling or any part thereof shall be placed or constructed within
fifty (50) feet of any lot line which adjoins property zoned agricultural or residential
suburban, unless the property upon which the dwelling is placed or constructed is itself
within one of the said zones.
B. No dwelling or any part thereof shall be placed or constructed within
thirty (30) feet of any freeway or railroad right-of-ways.
C. The provisions in subsections A and B of this section shall not apply to
accessory buildings; setbacks of said accessory buildings shall be subject to Section
17.08.130.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern )
CAROL WILLIAMS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk
of the City of Bakersfield; and that on the 3rd day of May, 1993
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3520 passed by the
Bakersfield City Council at a meeting held on the 28th day of
April, 1993, and entitled:
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield